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Gollamudi Arun KUmar   25 March 2018

Revoke gift deed from minor child.

Hi, A Hindu Grand father gave his self acquired property to his Grand Son (Son's son) through GIFT DEED. In the Gift deed he mentioned himself (Grand Father) as the Guardian to the Minor Child (Grand Son). After executing the gift deed, his Son sent away them out of his house. Now they (Grand Parents of the minor) are of no shelter. My question is - Can the grand father REVOKE the Gift Deed which he gave to the Minor Grand Son? If Yes, then the process should be through Court or Registrar Office is sufficient. Thank You very much for your suggestion in advance!


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 8 Replies


(Guest)
The Grand Father (Donor) can revoke the gift provided the Court is satisfied with respect to the gifted property.The process is through the Court only ..

Kumar Doab (FIN)     25 March 2018

It is believed that all involved are Hindu.

What is narrated in Gift deed?

Is there any benefit clause?

Who have signed as witnesses on gift deed?

On what counts minor is being made/can be liable for misdeeds of parents of minor child?

How grandparent becomes guardian by self declaration I  said gift deed, while parents of  minor child are alive?

Confirm!

Kumar Doab (FIN)     25 March 2018

IT is felt that …. Cancellation of gift deed in SRO may not render Gift deed invalid…..

….court alone can revoke the gift deed, on valid grounds.

For issues with irresponsible sons, daughter in law, daughters, relatives… (and even said gift deed)  parents may  seek quick, cost effective relief under ;

Maintenance and Welfare of Senior Citizens (MWPSC) Act, 2007

https://socialjustice.nic.in/writereaddata/UploadFile/Annexure-X635996104030434742.pdf

and rules framed under the Act in state e.g;

THE TAMIL NADU MAINTENANCE AND WELFARE OF PARENTS AND SENIOR CITIZENS RULES, 2009

https://www.tniuscbe.org/download/gg/gg361.pdf

Kumar Doab (FIN)     25 March 2018

 

 

Go thru the simple and easy to understand the decisions of nearest Sr. Citizen tribunal

and may even approach Senior Citizen cell of local police e.g;

Senior Citizen Cell

https://www.tnpolice.gov.in/CCTNSNICSDC/PreventionTips

https://www.delhipolice.nic.in/seniorcitizen/index.html

 

may even take help of nearest Senior Citizens’ Association

e.g;

The Tamil Nadu Senior Citizens’ Association (TANSECA)

https://www.tanseca.com/

I am sending you a few links and you may pick up relevant points…

Sudhir Kumar, Advocate (Advocate)     26 March 2018

who signed deed on behalf of minor

KISHAN DUTT KALASKAR (Advocate)     26 March 2018

Dear Sir/Madam,

Since your case is complicated case as such I require documents and same may be send to my email/PM (personal mail) for detailed legal advise.

 

With regards,

Legal Expert

VENKATESH GUPTA   26 March 2018

If the gift deed is acted upon, the same cannot be revoked. Only remedy is to seek performance of obligation, if any under the gift deed itself.

VENKATESH GUPTA   26 March 2018

If the gift deed is acted upon, the same cannot be revoked. Only remedy is to seek performance of obligation, if any under the gift deed itself.

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